5 Discussion
5.5 Utilitarianism decision tree and specific cases
Applying unnamed sourcing to this utilitarianism tree illustrates that most cases involving unnamed sourcing are not justifiable. Elliott’s decision tree, as introduced in the literature review, contains the following questions:
1) What is the intended action?
2) Will it cause harm? (If not, then the action is just. If so, then review principles of justice.)
3) Is someone being denied legal rights? (If so, then action is unjust.) 4) Is someone being denied moral rights? (If so, then action is unjust.) 5) Is the person being harmed getting what s/he deserves? Or, is the person
being helped getting what s/he deserves? (If so, then action is just.) 6) Has the person being harmed had a promise broken to him/her? (If so,
then action is unjust.)
7) Has everyone in the situation been treated impartially? (If so, then action is just.)
8) How will harming this individual promote the overall good of the
community? Consider whether the community will be better or worse if everyone knows that individuals can be harmed in this way for this reason.
9) How will the community be harmed if the proposed action is not taken? Consider whether the community will be better or worse if everyone knows that individuals will NOT be harmed in this way for this reason. (Elliott, 2007, p.111).
As mentioned earlier, the vast majority of unnamed sourcing cases cannot pass the second question posed: “Does the action cause harm?” Any action with the potential to hurt a journalist’s credibility has the potential for causing harm. Journalism observers and practicing journalists agree with the assumption that unnamed sourcing hurts credibility. New York Times
editor Bill Keller noted that “[a]s a general rule, stories based on unnamed sources generally are less convincing than those based on named sources and documents. And the cumulative reliance on unnamed sources can erode our credibility” (Keller, 2008, para. 7). As Ross noted, communication must be truthful in order for societies to function, and, as Boeyink observed, journalists must attribute their information in order to prove to readers that they are being truthful. Therefore, if any unnamed sourcing causes some harm (i.e., damages the credibility of the media outlet), this, in turn, harms the greater society by planting seeds of distrust in the reader’s mind, potentially damaging the very relationship between the people and the press that is required to help society function.
Given the harm caused by unnamed sourcing, journalists must defend its use in the context of the utilitarianism tree—a greater good must outweigh their inherent harm. The qualitative analysis found that journalists employed unnamed sourcing in the following types of stories:
A summary of a meeting between elected officials.
An announcement about a government plans that hadn’t yet been officially released (i.e., “a trial balloon”).
Information regarding an indictment in a law enforcement investigation that had yet to be officially acknowledged.
An announcement about a business deal not yet officially released.
An announcement of a product not yet officially released.
None of these cases were motivated by a call for justice—no one had been denied legal rights, no one had been denied moral rights, and no one had been treated without impartially or with bad faith. In these cases, the use of unnamed sources simply had no ethical justification.
To be clear, all of these examples make great news stories. Journalists should seek to report on these types of events as quickly and accurately as possible. However, within the
utilitarianism frame (which stresses the avoidance of harm), these stories should only be reported when able to make attribution to a named source. Government officials, in particular, should not be allowed to dictate the manner in which information is released; journalists must stop being a willing participant by putting a veil between their audience and the source of routine news reports. The qualitative analysis offers several examples in which effective
reporting concerning sensitive topics (e.g., government investigations and foreign relations) can be adequately covered without the use of unnamed sources.
Perhaps one example that would prompt further discussion on the utilitarianism tree was the McCain campaign manager story. The article involved an allegation—supported in part by two unnamed former campaign workers—that the chairman of John McCain’s campaign was tainted by his connection to a shady Russian billionaire (Birnbaum & Solomon, 2008). The reporters could argue that any harm to Rick Davis may be justified by factors further down the tree—namely acting for justice by facing a moral or legal wrong. However, when presented with Mill’s edict for impartiality, the trouble with unnamed sources becomes clear. The article detailed allegations against Davis, but it never identified the two former campaign aides who made the charges. In this case, Davis did not receive impartial coverage, which violates Mill’s suggestion that “utilitarianism requires [actors] to be as strictly impartial as a disinterested and benevolent spectator” (p. 148). Allowing unnamed sources to make allegations about named figures violates utilitarianism’s call for impartiality.15
Of course, many of the examples mentioned in this study go beyond just the simple harms of a lack of transparency and decreased credibility. Individuals have been harmed in
15 Again, the author stresses that the article represented good, relevant journalism; its only flaw was allowing the two former campaign aides to speak anonymously.
countless ways by examples of unnamed sourcing. Examining these cases should both lead to a better understanding of how contemporary journalists justify the use of unnamed sources and, thereby, will allow journalists to climb higher on the utilitarianism tree.
The final utilitarianism calculus puts forth the question: “How will the community be harmed if the proposed action is not taken?” (Elliott, 2007, p. 111). Consider the New York
Times’ reporting on nuclear scientist Wen Ho Lee, which was based on unnamed law
enforcement officials who described looming indictments for treason and espionage (Zhang & Cameron, 2003.) The reporters in that case were operating on a presumption that Lee was guilty of high crimes and that the law enforcement sources were accurate. The reporters and editors could argue that using unnamed sources was justified because Lee had violated moral and legal rights by stealing documents from the U.S. government and thus he was getting what he “deserved.” He was clearly not being treated impartially, but yet the journalists still felt that coverage—driven by unnamed sources—must continue for the “greater good.” Answering this final question in the utilitarian paradigm proves troublesome for the New York Times. Arguing that the U.S. public would have been harmed by not hearing about the looming indictment of an alleged Chinese spy seems dubious at best. When the indictment was announced officially, the New York Times and other outlets could easily relay the information to their readers. Indeed, the need to report the event before an official announcement is a recurrent theme in unnamed sourcing. In the Wen Ho Lee case, journalists surely justified their coverage by some ethical means, but the greater good of society—balanced against the harm of one individual— does not appear to have been among their concerns.
In some rare cases, the utilitarianism tree leads to the justification of unnamed sources. For example, the Washington Post revelation in 2005 of the existence of secret oversea CIA prisons was based entirely on unnamed sources:
The CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet‐era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement.
The secret facility is part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantanamo Bay prison in Cuba, according to current and former intelligence officials and diplomats from three continents. (Priest, 2005, para. 1–2)
The article featured no information from a named official. It quoted several CIA officials or former CIA officials and offered their approximate rank (e.g., “mid‐level”), but did not explain why there were not named. The report contained incredibly detailed information including the country locations of some of the prisons and reports of prisoner deaths and abuse while in CIA custody. The article provoked a great deal of debate both in the United States and around the world about the morality of holding prisoners in sites with so little transparency and outside oversight (Whitlock, 2005). The following year, President Bush admitted that the sites existed and said that they had been shuttered and all of the remaining prisoners had been transferred to Guantanamo Bay (Stolberg, 2006).
The article does create a set of harms—from the harm of the newspaper’s credibility caused by a veiled attribution, to the harm to the employees of the CIA who are fighting a war against international terrorists, and possibly the harm to those United States citizens protected by CIA actions. However, in certain cases the utilitarianism decision‐tree does make
exceptions—tolerating harms when balanced against the aggregate good. This particular issue may make allowance for several exceptions. Given the descriptions of their treatment, it does appear that the CIA violated in some ways the prisoners’ legal rights—at least those legal rights, as defined in the Constitution, concerning the treatment of foreign captives. Even if that point may be debatable, the prisoners were denied the moral rights to both be treated humanely and have their captivity overseen by some type of outside authority. Although one may argue that the prisoners are getting what they deserved, the importance of impartiality (and ensuring that no innocent detainees are being treated improperly) would negate this contention. Therefore, based upon these exceptions to the framework proffered by the decision tree, Mill would argue that the use of unnamed sources could be justified if it clears the final question: How will the community be harmed if the proposed action is not taken?
One might argue that not revealing the existence of these secret prisons would prevent the people of the United States from deciding whether they support such actions undertaken on behalf of their safety. Informed debate about the prisons could help the country better identify the boundaries between individual civil liberties and protection of the homeland. Because such a discussion holds great importance both for the allocation of resources for homeland security and also the determination of what specific legal principals mean in this era of international terrorism, the country would be harmed by not having this information to discuss in the public sphere. In a similar vein, a later story revealed that the government had requested that the newspaper not report on specific locations of prisons in Eastern Europe so that the revelation would not damage ongoing espionage work (Whitlock, 2005). The Post agreed to withhold that information. In this way, the newspaper limited its potential harms by
leaving out certain details of its investigation while remaining true to the overall ethical issues which drove its actions. Given this evidence, on balance, the Washington Post report based on unnamed sources was justifiable under the tenets of utilitarianism.
On the other hand, the case of the New York Times reporting on the Treasury
Department’s ability to track terrorist funding does not surpass the utilitarianism decision tree. Using unnamed sources, a 2006 article reported:
Under a secret Bush administration program initiated weeks after the Sept. 11 attacks, counterterrorism officials have gained access to financial records from a vast international database and examined banking
transactions involving thousands of Americans and others in the United States, according to government and industry officials…
The program is limited, government officials say, to tracing transactions of people suspected of having ties to Al Qaeda by reviewing records from the nerve center of the global banking industry, a Belgian cooperative that routes about $6 trillion daily between banks, brokerages, stock exchanges and other institutions. The records mostly involve wire
transfers and other methods of moving money overseas and into and out of the United States. Most routine financial transactions confined to this country are not in the database. (Lichtblau & Risen, 2006, para. 1‐3)
The article featured a detailed description of how the government tracked the financial data of suspected terrorists. The reporters attributed much of the information to unnamed sources, although a named Treasury Department official confirmed some details after the newspaper made it clear it planned to run the story. The article stresses that many officials discussed the operation, known as “Swift,” but no one was named:
Nearly 20 current and former government officials and industry executives discussed aspects of the Swift operation with the New York
Some of those officials expressed reservations about the program, saying that what they viewed as an urgent, temporary measure had become permanent nearly five years later without specific Congressional approval or formal authorization. (Lichtblau & Risen, 2006, para. 12)
The Bush administration had pleaded with the paper to not publish details about the classified program because the publicity would impede its ability to track terrorists. The article pointed out that none of the unnamed officials felt that the program had been abused or that any civil liberties had been violated. One unnamed official did say that he felt the program had the potential for abuse. Furthermore, both the named and unnamed officials said that the program had been a success, leading to the identification of several terrorists—including the mastermind of bombings in Bali.
As with the CIA prison story, the New York Times’ Swift article created a set of harms. In addition to the newspaper’s credibility, the collateral harm could be catastrophic. If terrorists use the information from the article to avoid detection of illicit financing, then they could conceivably carry out a terrorist strike against citizens of the United States or in other nations— killing an untold number of people. To overcome this potential harm, utilitarianism demands finding a justification. However, when examining Mill’s principles of justice, none of elements of the story stand out as unquestionable violations of Mill’s principles.
The case that the Swift program violated legal and moral rights appears tenuous at best. Depending on how one reads the law, the scanning of this financial information from Belgium could be an invasion of privacy. However, given the innocuous use of the information, it’s hard to argue that some legal and moral rights are being trampled. If anyone’s rights are violated, it’s the rights of terrorists to not have their money tracked—and they, therefore, are getting what they “deserved.” None of the other principles (e.g., impartiality or broken promise) appear to
argue that exposing the Swift program is warranted. Therefore, one must ask the final question to determine whether the use of unnamed sources in this case is justified: “How will the
community be harmed if the proposed action is not taken?” The answer appears to be—quite a bit. By publishing this article based on unnamed sources, the newspaper divulged secrets that could help terrorists avoid detection of their funding streams. The article cannot be justified given the framework of utilitarianism.